Bowman

This was an action brought by Bowman, plaintiff, the owner, against defendant Newcomb, the tractor, and defendant Maryland Casualty Company, surety company, upon the faithful performance feature of a bond given under Code of Civil Procedure, section 1183, for the construction of the Westinghouse building in the city of Los Angeles. The action was consolidated with many mechanics' liens foreclosure suits. The liens were mined in amount, paid or provided for by the judgment and none of the lien claimants are appellants herein. The judgment determined many points of dispute between the owner and contractor and was in a general way like an accounting between the owner and contractor. The full contract price was $330,000. In the settlement made by the judgment, compensation for extra work and material was allowed to the contractor in the sum of $5,441.66 and deductions from the contract price on account of work and material omitted were allowed in the sum of $15,285.40. These extras and deductions changed the total contract price named in the contract to $320,156.26. The amount of progress payments which had been paid to the contractor at the time of suit was $285,150. The balance of…